A summons may be served on an unincorporated association (including a partnership) by delivering a copy of the summons and of the complaint:
§ 416.40.Service On Unincorporated Association Including Partnership
Title 5. Jurisdiction and Service of Process · Chapter 4. Service of Summons · Article 4. Persons Upon Whom Summons May Be Served · Last amended 2005 · Last verified July 28, 2026
In one sentenceSection 416.40 lists who may be served on behalf of an unincorporated association, including a partnership — its designated agent, a general partner or general manager, or specific officers, and as otherwise authorized by the Corporations Code.
Full Text of § 416.40
(a) If the association is a general or limited partnership, to the person designated as agent for service of process in a statement filed with the Secretary of State or to a general partner or the general manager of the partnership;
(b) If the association is not a general or limited partnership, to the person designated as agent for service of process in a statement filed with the Secretary of State or to the president or other head of the association, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or a person authorized by the association to receive service of process;
(c) When authorized by Section 18220 of the Corporations Code, as provided by that section.
Plain-English Summary
Section 416.40 sets the designated recipients for an unincorporated association, a category that includes partnerships. Subdivision (a) covers general and limited partnerships: service may go to the person designated as agent for service of process in a statement filed with the Secretary of State, or to a general partner or the general manager of the partnership.
Subdivision (b) covers unincorporated associations that are not partnerships: service may go to the designated agent filed with the Secretary of State, or to the president or other head of the association, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or a person the association has authorized to receive service. Subdivision (c) allows service as authorized by Corporations Code § 18220, as that section provides.
Frequently Asked Questions
How is a partnership served with a summons in California?
Section 416.40(a) allows service on the agent for service of process designated in a statement filed with the Secretary of State, or on a general partner or the general manager of the partnership.
What about an unincorporated association that isn’t a partnership?
Subdivision (b) allows service on the designated agent filed with the Secretary of State, or on the president or other head, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or an authorized person.
Does § 412.30’s notice requirement apply when serving an unincorporated association?
Yes. Section 412.30 requires the copy of the summons served on a person under this section to carry a notice identifying the capacity in which that person is served, on behalf of the association.
Amendment History
Amended by Stats 2004 ch 178 (SB 1746),s 3, eff. 1/1/2005
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: serving a partnership california summonsservice on unincorporated association californiageneral partner service of process california